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What Documents Are Required In A Probate?

by | Sep 25, 2021 | Estate Planning and Probate |

            If you have decided to proceed with probate, there are some documents you will need depending on your situation. Documents need to be filled out properly and most forms include a PDF version for easy completion and a Word version for editing purposes. The documents will need to include the appropriate names and facts, the footer must showcase your name, address and phone number, and the case number has to be included in all of the documents. Below a brief list and description of the documents you may need:

Initial Hearing Documents:

    Case designation cover sheet is a document that is automatically drafted if your case file goes through the Clerk’s eFiling system.

    Proposed order probating will is a document signed by the ex-party commissioner that orders the will admitted to probate, certifies the witness testimony, grants you nonintervention powers, and directs the court clerk to issue you letters testamentary. If there is no will, an alternative proposed order will be needed.

    Oath of personal representative will be signed once the case is approved and the ex-party commissioner appoints you as personal representative of the estate. The signed order will be signed and taken to the clerk’s office immediately.

    The initial petition describes your case to the court and can be verified once you sign a declaration at the end swearing under penalty of perjury that everything in the petition is accurate. It contains facts that give the court jurisdiction over the matter.

Post Hearing Documents:

    Notice to creditors can be published in a legal newspaper where the decedent was residing at the time of death. This document is also to be sent to each creditor, if applicable.

    Notice of rejection of creditor’s claim can occur if you want to reject a notice of creditors claim. It must be done via certified mail that contains the appropriate language about the claimant’s rights.

    Notice of appointment and pendency of probate is required to give notice of your appointment to all heirs within 20 days of your appointment. The Notice of Appointment also needs to be sent to the Office of Financial Recovery.

Closing Documents

    A Declaration of completion must be signed and filed with the Court and mailed out to each of the heirs and beneficiaries who have not been provided with a written waiver.

    If there are multiple heirs, a receipt is to be signed by the heirs before final distributions are made.

    Statement of cases status requires an administer to the estate as rapidly and quickly as possible. How long it can take depends on the circumstances for each case. It can close within a year and if it does not, you may have to file a state of case status explaining why it hasn’t closed.

            This is a quick overview of some documents you may need before, during and after the probate proceedings. Having an experienced probate attorney can benefit you and make the process a lot smoother and easier to handle. Here at DAL Law Firm, Attorney Darcel Lobo can provide you with all of the information you will need. Give us a call or text today at (206) 408-8158.